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[This post was originally published here as an update by International Law Office (ILO)]  In 2019 a three-judge bench (full bench) of the Bombay High Court had to decide whether the courts can exercise their power to grant interim or ad interim reliefs under Section 9 of the Arbitration and Conciliation Act 1996 where the arbitration clause is contained in an agreement that is insufficiently stamped (Gautam Landscapes v Shailesh Shah).[1] The full bench also…
[This article was originally written in 2016 and presented by the author at the National Conference on Arbitration on 26-27th August 2016 at ILS Law College, Pune] India’s economic policy was built on the foundations of socialist fervor. It maintained an aversive stand towards foreign investment. Consequently, India did not venture into international investment protection arrangements until the 1990s; when its prevailing economic policy became dangerously unsustainable. The Indian government then brought a sea change…
[This guest post is authored by Abhishar Vidyarthi, a fifth-year law student at Maharashtra National Law University, Mumbai. He presently serves as a research assistant at Asian Arbitration and ADR Alliance, Singapore; and takes a keen interest in international commercial and investment arbitration. He can be reached at avividyarthi@gmail.com] Foreign Direct Investment (FDI) is a crucial source of non-debt financial resource for the economic development of developing countries. To ensure a healthy investment framework,…
[Happy to share that the Indian Arbitration  Blog has been featured on the ‘Top 60 Indian Law Blogs and Websites To Follow in 2019’. Click here to check out the list] In 1982, IBM and Fujitsu – the world’s biggest computer giants at the time – descended into a massive legal battle after IBM alleged that Fujitsu’s software consisted of information that was copied from IBM’s programming codes. After negotiations failed, the parties resorted to…
A funded technology enterprise, SAMA (Solve All Matters Amicably) in Bangalore is looking to retain a Lead Counsel with at least 10 years of experience in Alternative Dispute Resolution (ADR). The professional should have a deep understanding of ADR procedures – such as arbitration, mediation and conciliation. The professional will be responsible for handling the legal affairs of the entire corporation and oversee day-to-day management of disputes. The professional should have a belief in the…
[This post is co-authored by our guest, Manasi M. Kalvit. Manasi is a lawyer with the Dispute Resolution team at Tatva Legal, Mumbai and can be reached at manasikalvit@gmail.com] In United Insurance Co. Ltd v. Antique Art Exports Pvt. Ltd., the Supreme Court refused to appoint an arbitrator on grounds that the underlying insurance claim stood settled between the parties on accord and satisfaction, leaving no arbitral disputes to be referred to an arbitrator…
Recently, in Damont Developers v Brys Hotels[i] (Damont Developers), the Delhi High Court appointed an arbitrator under Section 11 of the Arbitration and Conciliation Act 1996 (Arbitration Act) even though the memorandum of understanding (MoU) containing the arbitration clause was alleged to be insufficiently stamped. The Delhi HC observed that it is well within an arbitrator’s jurisdiction to assess whether (i) an agreement is adequately stamped; and if not, (ii) to take such necessary…
Last month, the Supreme Court reaffirmed in Municipal Corporation of Greater Mumbai & Anr. v. Pratibha Industries Ltd (Pratibha Industries) that High Courts, being courts of record, have the inherent power to recall their own orders, even in matters falling under the Arbitration and Conciliation Act, 1996 (Arbitration Act). In a peculiar factual matrix of this dispute, the Apex Court also held that the Bombay High Court was justified in recalling its previous order appointing…
This guest post is authored by Saurish Shetye. Saurish works with a Mumbai-based law firm. He can be reached at saurish.shetye@gmail.com The Bombay High Court has recently confirmed in Deepdharshan Builders Pvt. Ltd. vs. Saroj that provisions of the Limitation Act, 1963 (Limitation Act) are applicable to applications filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for seeking appointment of an arbitrator. The Court also clarified, as discussed below, that the…